Uniform Civil Procedure Rules 1999 (UCPR Qld) - Digest
back to table of provisionsChapter 5 – Notice of Intention to Defend
- [134] Application of ch 5
- [135] No step without notice of intention to defend
- [136] Defendant may act by solicitor or in person
- [137] Time for notice of intention to defend
- [138] Late filing of notice of intention to defend
- [139] Requirements for notice of intention to defend
- [140] Contact details and address for service
- [141] Filing notice of intention to defend
- [142] Service of notice of intention to defend
- [143] Possession of land
- [144] Conditional notice of intention to defend
[134] Application of ch 5 go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[135] No step without notice of intention to defend go to top
Leave may be granted to a defendant to take a step in the proceeding, even though a notice of intention to defend has not been filed, if it is appropriate to permit issues raised on an application to be determined prior to the notice being filed: Reeves-Board v Queensland University of Technology [2002] 2 Qd R 85, [15] (Mullins J).
[136] Defendant may act by solicitor or in person go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[137] Time for notice of intention to defend go to top
The day of service is to be excluded, when calculating the time within which a notice of intention to defend is to be filed: Botha v Carter [2005] QDC 49, p.6 (Robin DCJ).
The time limit for filing a notice of intention to defend is subject to the power of the Court to extend the time as set out in r 7 of the UCPR: Markan v Bar Association of Queensland [2014] QSC 88, p.3 (Atkinson J).
[138] Late filing of notice of intention to defend go to top
The filing of a notice of intention to defend prior to judgment, albeit later than the time provided for in r 137, is sufficient to avoid judgment by default under r 283. The Rules do not invest a Registrar with a broad discretion to give default judgment in the face of a notice of intention to defend filed pursuant to r 138: Royds v Sumner Potts [2004] QSC 317, p.3, (Jones J); Cossack Holdings Pty Ltd v Wagner Development Consulting Pty Ltd [2006] QDC 157, p.5-6 (Rackemann DCJ).
[139] Requirements for notice of intention to defend go to top
If the defence that is attached to the notice of intention to defend under r 139 is struck out by the Court, then that notice of intention to defend is still compliant and is not a nullity: Chidgey v Utz Wellner t/as Wellners Lawyers [2010] QCA 215, p.6 (Applegarth J, Muir JA and White JA agreeing).
[140] Contact details and address for service go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[141] Filing notice of intention to defend go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[142] Service of notice of intention to defend go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[143] Possession of land go to top
This rule does not appear to have been considered in any reasons delivered by a Queensland court.
[144] Conditional notice of intention to defend go to top
The failure to comply with r 144(4) may have some effect on the status of the original conditional notice of intention to defend by converting it into an unconditional notice, but that does not effect the defendant’s ability to apply for a stay under r 16 of the UCPR: Vantage Holdings Pty Ltd v JHC Developments Group Pty Ltd [2011] QSC 155, [30] (Daubney J).
Despite the terms of r 144(7), the fact that the notice of intention to defend is filed is not a bar to an application to strike out a proceeding for non-compliance with a statutory provision that might be contended to affect a cause of action sought to be advanced: Hooper v Robinson [2002] QDC 80, [15]-[16] (McGill DCJ).